Posted on 07/06/2018 5:42:57 AM PDT by familyop
One of the judge’s most famous dissents came in a 2008 challenge to the constitutionality of a Securities and Exchange Commission (SEC) panel called the Public Company Accounting and Oversight Board (PCAOB). Members of the PCAOB had stronger protections against termination than comparable agency officials, prompting conservative critics to argue the panel was a roving, unaccountable fourth branch of government.
Two judges on a three-judge panel hearing the case at the D.C. Circuit found for the PCAOB and defended its constitutionality. Kavanaugh dissented, arguing the structure of the panel unlawfully restricts the president’s power to appoint and remove executive branch officers. His opinion begins explicitly with an originalist analysis — which runs another eight pages — and explains how the board threatens the separation of powers.
On review at the Supreme Court, a five-justice majority composed of the Court’s conservatives reversed the D.C. Circuit’s decision. The ruling repeatedly quotes Kavanaugh’s opinion, as well as his comments at oral argument. Some legal commentators have suggested the high court would not have taken the case but for his sweeping dissent.
I’ve gone from Kavanaugh to Barrett to Thapar back to Barrett, and back and finally to Kananaugh. I think he would be the solid pick from a mature businessman that is looking for a Gorsuch style pick.
We need Clarence Thomas to retire now too.
Is there a LINK to the underlying legal opinion by Judge Kavanaugh?
http://yalejreg.com/nc/d-c-circuit-review-reviewed-a-special-judge-kavanaugh-edition-co-authored-by-jenn-mascott/
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https://www.cadc.uscourts.gov/internet/opinions.nsf/DC680786101321BA8525780000551AC0/$file/07-5127-1134687.pdf
What I want definitively determined one way or the other is if both Kavanaugh and Kethledge are Open Borders advocates or not, because that is what I’m hearing. It would be nice to confirm, one way or the other.
He also was a Bush/Clinton fixer. (E.g., apparently both trying to intimidate a Vince Foster witness and involved in writing up the bogus report on it.
Seems like they are all a mixed bag of pro-illegal or too little record to know if they’re pro-illegal or whatever.
I’d compromise if need be by looking for a slightly older guy with a clear originalist record.
You mean Kavanaugh’s dissent in re. the PCAOB? If so, sorry. I should have included the link in the excerpt.
There are more links behind the link to the article.
I don’t understand why everyone thinks Kavanaugh is so effective at reining in federal agency power.
What happened in Hall v. Sebelius?
It was politically-motivated decision. He’s a political animal, make no mistake. But maybe that’s what folks want.....
What?! Heresy! He's the only strict constructionist and originalist left on the court since Scalia's passing!
I have no idea why you'd say such a thing for Thomas to retire now. Elaborate please.
We know you love this guy because he is a gun supporter.
“What I want definitively determined one way or the other is if both Kavanaugh and Kethledge are Open Borders advocates or not, because that is what I’m hearing. It would be nice to confirm, one way or the other.”
Absolutely. Immigration is the make-or-break issue of the day.
This is all that I’ve seen on that topic so far.
‘America First’ SCOTUS Choice: Judge Brett Kavanaugh Applies Trump’s Economic Patriotism to the Law
http://www.freerepublic.com/focus/f-news/3668784/posts
Brett Kavanaugh: Trump’s Double Down SCOTUS Pick [Re. immigration.]
http://www.freerepublic.com/focus/f-news/3668818/posts
The dissent is an interesting document. Starting at page 35 of the PDF, Judge Kavanaugh lays out his reasoning.
Several good references.
Bite your tongue and pray he lives many more years.
Kavanaugh would not be a good Justice.
My legal guy, who has been 100% dead on about every single court decision (including telling me one week out that Alito would write the Janus decision) says that Kavanaugh, Kethledge, Barrett, Thapar are all superb, and we can’t go wrong with any of them.
If you are 100% sure that we will retain the senate this November, then no, he shouldn’t retire until he wishes too, OTOH if there is a chance we will lose the Senate then best he retires now and give Trump another solid conservative young person.
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